This document summarizes a court case between John C. Childs et al. v. Paul R. Schlitz regarding whether the Maryland Board of Registration for Professional Engineers could consider immunized testimony given by engineers Lester Matz and Jerome Wolff in determining whether to revoke their licenses. The United States Court of Appeals for the Fourth Circuit affirmed the district court's decision that considering such testimony would not violate the engineers' Fifth Amendment rights or protections under the federal immunity statute.
John C. Childs, Lester Matz and Jerome B. Wolff v. Paul R. Schlitz, Clerk, United States District Court for the District of Maryland, Individually, and in His Official Capacity, 556 F.2d 1178, 4th Cir. (1977)
This document summarizes a court case between John C. Childs et al. v. Paul R. Schlitz regarding whether the Maryland Board of Registration for Professional Engineers could consider immunized testimony given by engineers Lester Matz and Jerome Wolff in determining whether to revoke their licenses. The United States Court of Appeals for the Fourth Circuit affirmed the district court's decision that considering such testimony would not violate the engineers' Fifth Amendment rights or protections under the federal immunity statute.
This document summarizes a court case between John C. Childs et al. v. Paul R. Schlitz regarding whether the Maryland Board of Registration for Professional Engineers could consider immunized testimony given by engineers Lester Matz and Jerome Wolff in determining whether to revoke their licenses. The United States Court of Appeals for the Fourth Circuit affirmed the district court's decision that considering such testimony would not violate the engineers' Fifth Amendment rights or protections under the federal immunity statute.
Lester Matz and Jerome B. Wolff, Appellants, v. Paul R. SCHLITZ, Clerk, United States District Court for the District of Maryland, Individually, and in his official capacity, et al., Appellees. No. 76-2417.
United States Court of Appeals,
Fourth Circuit. Argued April 7, 1977. Decided June 22, 1977.
Paul F. Strain, Baltimore, Md. (Arnold M. Weiner and J. Frederick Motz,
Baltimore, Md., on brief) for appellants. Robert J. Aumiller, Asst. Atty. Gen., Baltimore, Md. (Francis B. Burch, Atty. Gen. Jon F. Oster, Deputy Atty. Gen. of Md., Baltimore, Md., on brief) for appellees. Before WINTER, BUTZNER and HALL, Circuit Judges. PER CURIAM:
Given immunity under 18 U.S.C. 6002 and required to testify in a criminal
case, Lester Matz and Jerome B. Wolff, both professional engineers, asserted in the district court that the Maryland Board of Registration for Professional Engineers and Professional Land Surveyors could not properly consider such testimony in determining whether to revoke their licenses to practice their profession. To do so, they assert, would violate their rights under the fifth amendment and the protection afforded by the federal immunity statute.
In a well reasoned opinion, the district court correctly rejected plaintiffs'
contentions. Childs v. McCord, 420 F.Supp. 428 (D.Md.1976). We adopt the opinion as our own and affirm the judgment.
United States of America and James M. Vighetti, Special Agent, Internal Revenue Service v. N. R. White, As Treasurer of Hiram Swank's Sons, Inc., 434 F.2d 1050, 3rd Cir. (1970)
Julius E. Foster v. Magnetic Heating Corporation, Thermatool Corporation, David G. Osterer, Herman C. Morris, American MacHine & Foundry Company, 410 F.2d 12, 2d Cir. (1969)
Joseph R. Cianchette v. Franklin G. Hinckley, Trustees, (Two Cases) - Joseph R. Cianchette v. Franklin G. Hinckley, Trustees, 208 F.2d 799, 1st Cir. (1954)
United States v. Hermen Greenberg, Betty S. Greenberg, Albert H. Small, Shirley S. Small, Charles Fairchild, Elizabeth Fairchild, Michael Gould and Gladys Gould, 387 F.2d 953, 4th Cir. (1967)
Commonwealth of Massachusetts v. John T. Connor, Secretary of The Department of Commerce of The United States of America, 366 F.2d 778, 1st Cir. (1966)